HomeMy WebLinkAbout05-01-1961260 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1, 1961
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Minutes of a.regular..meeting of the -Common Council of the City of Rochester, Minnesota,
held in the Council Chambers'in the City -Hall; in said City, on May 1, 1961.
President Tingley called the meeting to order'at 2:00 o'clock P. M., the following
members being present: President Tingley,'Aldermen DeVries,-Leonard, Morris, Stadler, Wilkus,
Wilson. (Alderman Stadler-arrived:at-2:35 P: M.')
Upon motion by Morris, second by Wilson, and all voting in favor thereof, the minutes
of the meeting of April 17,-1961 were approved.
President Tingley stated this as being the time and place set for receiving and
opening bids for construction of Bridge No.-55505 on llth Avenue -Northeast over Silver Creek. The
bids of L. M. Feller & Company in the amount of $75,598.76 and H. S. Dresser & Son in the amount
of $74,421.99 were each received and upon motion by Morris, second by DeVries, the bids were
referred to the Public Works Committee and the City Engineer for tabulation and recommendation.
All voted in favor thereof.
The Mayor's appointment of Dr. Richard E. Rossi of 819 - 6th Street Southwest as a
member of the Board of Public and Health and Welfare for a term of three years, or until the
second Monday in April, 1964, Dr. Rossi to replace Dr. M. F. Eusterman who has resigned, was read.
Upon motion by DeVries, second by Morris, and all voting in favor thereof, the appointment was
confirmed.
A letter from the John Marshall Senior High School Dramatics Art Department requesting
permission'to.display a three by twenty foot:banner over Second Street-S. W. between Woolworth's
and Dayton's.buildings on the dates of May 5-13 to advertise the spring play "The Doctor in
Spite of Himself" was read and upon motion by DeVries, second by Wilkus, and all voting in favor
thereof, their request was granted.
'A letter from Mr. & Mrs. Emery Anderson of 235 - 12th Street N. W. making a request
to purchase a 10 foot by 64 foot area of City property which is adjacent to their property was
read and upon motion by Wilson, second. by DeVries, and all voting.in favor thereof, the request
was referred to the Public Works Committee for- study and recommendation.
The claim of Injury of Jule, Begale of 612 - 1st Street S. W. in the amount of $5000.00
for injuries sustained from a fall.on the sidewalk was read and upon motion by Wilson, second by
Morris, and all voting in favor thereof, the same was referred to the City Attorney.
The claim of injury of Richard McAdams of 529k - 4th Avenue N. W. in the amount of
$2,000.00 for injuries sustained from a fall on the sidewalk was read and upon motion by Wilkus,
second by Wilson, and all voting in favor thereof, the same was referred to the City.Attorney.
A letter from Mrs. John Matzke of 212 - 4th Avenue Northwesttstating that during
construction work on 4th Avenue Northwest the bulldozer had ripped off part of their cement steps
and damaged their driveway was read and upon motion by.Morris,,second by DeVries, and all voting
in favor thereof, the letter was referred to the Public Works Committee, the.City Engineer and the
City Attorney.
A letter from the Board of Park Commissioners requesting that the Council consider
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• Record of Official. Proceedings of the Common Council
of the .City.of Rochester, Minn., May 1, 1961
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the installation of two of the modern Luminaire type lights along that part of 3rd Avenue S. E.
commonly called the park entrance, which extends from East_ Center Street directly toward the Arena
doors of the Auditorium, was read and upon motion by Morris, second by Leonard, and all voting in
favor thereof, the letter was referred to the Purchasing, Utilities and Miscellaneous Committee.
A petition signed by Bonnie R. and A.. Leonard Zimmerman.requesting that the following
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described property be annexed to the City of Rochester was read and upon motion by Wilson, second
by DeVries, the same was referred to the Planning and:Zoning Commission:
"Commencing at a point in the North line of SEk Sec. 3-Town 106- Range-14,
1224 feet East -of the NW corner of said SE'k running thence South on West
line of 14th Avenue S. W. Rochester, Minnesota, if continued South,
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259.9 feet for a place of beginning, running thence South 60 feet, running
thence West parallel with North line of said SE'k to Easterly line of State
Trunk Highway No. 7, running thence Northwesterly along Easterly line of
said Trunk Highway to a point 259.9 feet South of North line of said SE'k
running thence East 230.2 feet to beginning, except East 110.2 feet thereof."
Alderman Stadler arrived at 2:35 P. M.
A letter from William Coons, Chairman of the Soap Box Derby, stating that a few changes
had been made in their request to hjold a parade and the Soap Box Derby race and also requesting
permission to hold a street dance on'June 24th between 3rd and 4th Street on lst Avenue S. W. was
read. James J. Macken, Jr. Chief of Police stated that he was opposed to holding a street dance
in the downtown area as people statying in the hotels were always complaining,'but he thought the
other requests could be worked out. A motion was then made by Wilson, second by Stadler, and all
voting in favor thereof, that the letter'be referred to the Public Safety Committee.
A letter from Harold T. Mankin, M. D. stating that he felt the taxicab rates in the
City of Rochester were exhorbitant and thought the Council should do something to correct this.
James J. Macken, Jr., Chief of Police, stated that he had written to eight neighboring cities and
requested that send a copy of the rates that they charge. Five of the cities reported back and
these were presented to the Council. A motion was then made by Morris, second by Stadler, and all
voting in favor thereof, that the letter and rate schedules be referred to the Public Safety
Committee for study and recommendation.
A letter from the Public Utility Board was then read stating that the Board had been
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advised by its Architects that the proposed site of the Utilities Office Building is still zoned
as residential but that Zoning Ordinance 621 Section 7D will permit the construction of a Public
Building of this type with the approval of the Common Council, the Public Utility Board
requests
such approval and the legal description of thepropertyis Lots 1, 2 and 3 in Block B subdivision
of Block 75 and Block 30, Northern Addition. Upon motion by Stadler, second by Leonard, and all
voting in favor thereof, the letter was referred to the Planning and Zoning Commission.
A letter addressed to the Police Civil.Service Commission signed by Eldin L. Holtorf
submitting his resignation from the Rochester Police Department, effective
v May 16 1961
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and President Tingley ordered the same placed on file.
The City Engineer's preliminary estimate for construction of Bridge No. 55505 over Silver
Creek in the amount of $72,101.80 was -read and President Tingley ordered the same
placed on file.
A letter signed by W. C. Hogenson and C. A. Armstrong stating that Roger D. Bennett who
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6 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., riay. 1, 1961
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is employes as -Assistant Operator at the Sewage Treatment Plant is now receiving 95% of his
base pay in accordance with the provisions of the City Employment Policy for employees having
less than 18 months service and that in their opinion he has attained the knowledge and
experience required of an employee who has had'18 months service and recommend that be be
allowed full base pay of $4,804.00 as of May 1; 1961 was read. A motion was made by Wilson,
second by Leonard, and all voting in favor thereof, that the recommendation be approved and Mr.
Bennett receive the full base pay ($4,804.00) as of May 1, 1961. r
A letter from Mrs. James K. Black of 1122 - 4th Avenue S. E. regarding shoveling of
snow from driveways was read and President Tingley ordered that the letter be filed with the
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other information for budget time.
A petition with 22 signatures requesting"that the alley in Block 7, Williams, Healey
& Cornforth's'Addition be vacated was read. The petitioners state that the said alley has
never been used as a public right of way and that vacation of said alley would be of great
benefit to the adjacent property owners and would not deprive the citizens of the City of
Rochester or members of the public from any established use. Upon motion by Leonard, second by
DeVries, and all voting in favor thereof,. the petition was referred to the City Planning and
Zoning"Commission.
A letter from the Mayor's Parking and Traffic Committee submitting recommendations
concerning regulations for loading and unloading zones for commercial vehicles iaas read and upon
motion by Leonard, second by DeVries, and all voting in favor, the letter was referred to the
Public Safety Committee.
The following letter from the Rochester Airport Commission was read:
"Members of the Common Council
City of Rochester
Rochester, Minnesota
Gentlemen: - s
A meeting of the Airport Commission was held Friday, April 28, 1961. By
action of the Commission it is recommended and requested that the Common
Council take appropriate steps to provide zoning protection for the
Rochester Airport.
Members of the Council will recall that sometime ago a joint City -County
Zoning Commission was appointed to set up a zone plan for the Airport in
Accord with statutes which allow such action and in co-operation with the
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Department of Aeronautics. Although much of the work, such as Toning maps
and drafting of the ordinance has been completed, the zoning is not yet
effective. It is therefore suggested that the Council discuss this matter
with the City Attorney in order that the necessary steps can be taken to
place the zoning into effect.
It should be pointed out in.respect to this zoning that it is designed to
prevent encroachments on the airport which could seriously impair its
usefulness and also to limit the hazards to people on the ground. This is
a matter of great importance and can only be carried forward by Council
action.
It is suggested further that the Council discuss with the City Attorney
and determine what action is appropriate in reference to ,the Renner Well
contract at the Airport.
Respectfully,•
/s Fred W. Schuster, Chairman''
R. V. Erhick, City Attorney, reported that as far as the zoning ordinance is concerned, it has
been drafted and prepared, the only delay in the enactment was the approval of the Commissioner
of Aeronautics of the zoning map which to my knowledge is still with his engineers, my last
Record of Official. Proceedings of the-Coinmon.Council
of the City of Rochester, Minn., &y 1.. -1961
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contact with him was a month or so -ago when I asked him to expedite it as soon as possible. As
far as the Renner Well contract, I contemplate action on that immediately, we will be suing the
'bonding company and the Renner Well Company. A motion was then made by Stadler, second by
Wilson, and all voting in favor thereof, that the letter'bereferred to the City Attom ey for
action.
Mr. Herschel Hoaglan, representing a'group of builders, was present and inquired
what action, if any, hAd been taken on amending the electrical code of the City which in'part
would requite that wiring be encased in tubes; he said they did not feel this was necessary and
would just add more expense to building a home and -wanted to go onrecord as opposing such a
change. President Tingley informed:him that this matter had been referred to the Public Works
Committee'but no recommendation had been bfough back at this`date.
The recommendation of the Purchasing, Utilities and Miscellaneous Committee recommend -I
ing that the petition requesting that a street light be placed at the north entrance to the alley
on 8th Street Southwest between 6th and 7th Avenue Southwest be declined until a further study
can be made of the entire residential lighting section, was read and upon motion by DeVries,
'second by Leonard, and all voting in favor thereof, the recommendation was approved.
The recommendation of the Public Safety Committee of the Common Council stating that
they had considered the application for transfer of "off sale" intoxicating liquor license from
Ralph Graen to'G. Raymond Thiss and recommend that this transfer be approved was read and upon
motion by Wilson, second by Morris, and All voting in favor thereof, the recommendation was
approved and the transfer granted.
The recommendation of the Public Works Committee that the City Clerk advertise for
bids'to be received on May 15, 1961 for "Season's Supply of Liquid Chlorine to the Sewage
Treatment Plant" was read and upon motion by Wilkus, second by Wilson, and•all voting in favor
thereof, the recommendation was'approved and the'City Clerk was instructed to prepare a resolu
ordering the said bids.
The recommendatioii,of the Public Works Committee that the Council authorize installat
of a traffic actuated traffic signal on 6th Avenue N. W. at the new 5th Street N. W. crossing, a
the installation of'2 additional posts with signals on the center islands of 5th Street N. W. at
llth Avenue N. W. and authorize the City Engineer to prepare plans and specifications was read
and upon motion byt Wilson, second by Wilkus, the recommendation was approved and the City
instructed to prepare the said plans and specifications.
The recommendation of the Public Safety Committee making the following recommendations
was read: (1) The Dog Pound and Pound Master's residence be relocates in the northwest portion of
the City property on North Broadway at the location shown on the accompanying drawing (2) The City
engage Daniel M. Robbins as architect for this construction (3) The construction be advertised for
bids when .the, plans are completed and (4) Frank Wilkus and Garnet Spring be appointed as the
building committee for the City on this project. A motion was made by Wilkus, second by Wilson,
that the said recommendation be approved, and upon roll call all voting iri favor thereof, except
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264 Record of Official, Proceedings of the Common. Council
of the City'of Rochester, Minn., May 1, -1961
Alderman Morris, who voted "no", President -Tingley declared the motion carried and the recommend-
ation approved.
The.recommendation of -the Public Works Committee that the bid of Palda & Sons, Inc.
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for reconstruction, -widening of paving, construction of sidewalk, curb and.gutter,..on llth Avenue
S. E. and N. E. from 4th Street S. E. to 5th Street N. E. be accepted at the unit prices bid.and
checks be returned to.the unsuccessful bidders, was read and upon motion by Wilkus, second by.
Wilson, and all voting in favor thereof, the recommendation was approved.
The recommendation of the Public Works Committee that the.bid of H. S. Dresser & Son
for the construction of Bridge No. 55505 on llth Avenue N...E. over -Silver Creek.in Rochester,
Minnesota, be accepted at the unit prices bid -and checksbe returned to the unsuccessful bidders,
was read and upon motion by Wilson, second by Morris, and all voting in favor thereof, the
recommendation was approved.
President Tingley declared a recess at 3:15 P. M. The meeting was called to order
at..3:45 P. M., all members being present. _
President Tingley then announced the appointment of the following Aldermen to the
Board of Equalization for the year 1961: Aldermen Harold DeVries, David Leonard and Lawrence B.
Stadler.
President Tingley announced the appointment of the following to a committee to
study and.recommend the publication of.the "Report to the People": Mayor Smekta, Alderman David
Leonard, Alderman Stanley Morris and President Tingley. - -
A motion was made.by Wilson, second by Morris, and all voting in favor thereof, that
the Mayor and City Clerk be authorized and directed to execute a contract between the City of
Rochester and R. C. Nesler for the purchase of the resident building at 427 - 6th Avenue N. W.
in the amount of $60.00.
The applications of Leo J. Backes, William E. Just, Virginia F. Neill, Everett W.
Cords, Mayo Priebe, Jr., Cecil Refsland and Mrs. B. F. McKenzie for St. Mary's Hospital.Auxiliary
for license to sell cigarettes and the applications of Mayo Priebe, Jr., Everett W. Cords, Luella
Mohlke, William Just, Leo Backes and Eugene A. Ehle for license to sell soft drinks were each
read and upon motion by Morris, second by Wilson, the licenses were granted.
The application of William Just for an "off sale" non -intoxicating liquor license
was read and upon motion by Wilkus, second by Wilson, the license was granted.
The application for transfer of "on" and "off" sale non -intoxicating liquor license
from Russell Carroll to James Hoisington was read and upon motion by Stadler, second by Morris,
the same was referred to .the Public Safety Committee for recommendation.
The.,application of Robert Jorgenson for a Journeyman Electrician's License was read
and upon motion by Wilson, second by Morris, the license was granted.
The applications.of GerUd N. Holmes, Orville Lubhan and Joseph Underleak for a
Journeyman Plumber's License were each read and upon motion -by Wilson, second by Morris, the
licenses were granted..
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Record of Official Proceedings of the Common Council 2 6.D
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The application of Earl Berg for a Junk Dealer's License was read and upon motion -by
Wilson, second by Wilkus, the license was granted.
The application of James F. Gueldner for a license to construct sidewalks, curb and
and gutter and driveways in the City of'Rochester was read and upon motion by Wilson, second by
Stadler, the license was granted..
The application of W. H. Batzel for a permit to move one quonset house from Graham
Addition to outside the city. limits was read. Ypon motion by Wilkus, second by Wilson, the permit
was granted, said house to be moved under the supervision of the Chief of Police and the Building
Inspector.
The license bonds of Rochester Plumbing & Heating Company (2) each in the amount of
$1,000.00 with St. Paul Fire and Marine•Insurance Company as surety; Vincent Huyber in.the
amount of $1,000.00 with the Aetna Casualty and Surety Company as surety; and Bzoskie Sign Company
in the amount of $1,000.00-with St. Paul Fire and Marine Insurance Company as surety were each
read and upon motion -by Stadler, second -by Wilkus, the bonds were approved, the surety thereon
accepted and the same were ordered placed on file.
The Indemnity Bond for Lots Order -or Warrnt,of Leif Bollesen in the amount of $19.68
was read and upon motion by Stadler, second by Wilkus, the bond was approved and the City Clerk
was instructed to issue a duplicate check.
The license bond of G. Raymond Thiss dba Graen's Liquor Store in•the amoutn of
$1,000.00 with the Western:Casualty & Surety -Company as surety -was read and upon motion by
Stadler, second by Wilkus, the bond was approved, the surety thereon accepted and the same was
ordered placed on file.
The contract bond of Rochester Sand & Gravel•Company in the amount of $8,944.75 with
Western Surety Company as surety was read and the same was referred to the Mayor for approval.
The report of the Clerk of Municipal Court for the week ending April•21; 1961 showi
total criminal fines and costs collected and civil fees received $2,868.00 and total remitted to
the City Treasurer $2,343.00 was read -and having been approved by the City Attorney, President,
Tingley ordered the same placed on file.
.The following claims were each read and upon motion by Stadler, second by Wilson,
the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants
upon the City Treasurer and make payments accordingly:
From the General Fund: Warren P. Eustis, $150.00; Garnet Spring $46.35; Donald
Mulholland $100.85; Robert Blakely $87.22; Walter Gordon $44.85; Charles Dornack $47.25; William
Burrows.$43.50; City of Rochester,. P.U., $62.50; Utility Sales & Engineering-$42:89; Weber & Judd
$4.32; Olmsted Medical Group $65.00; Borchert•Ingersoll $89.13; s. C. Penney Co.'$11.45; Whitings
Stationers $88.3,4; Quality Printers $14.07; Minneapolis Blue Printing�$107.83; The'Johnson Co.,
$82.80; Walter Roeder $16.16; Curtis Taylor $117.49; McGraw Hill Publishing Co., $12.00; Constr-
uction Bulletin;$13.60; Moores Jones Color Center $8.45; Public Personnel Association $1:80;
Edgar Kunts $2.00; Centruy Book Store $5.25; West Publishing Co:, $70.00; Clerk of Municipal Court
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of the City of Rochester, Minn., May 1, 1961
$73.72; EBgene Nelson $16.16; Beckley Business Equipment %59.46; Pendle Hanson Bagne Inc.
$5.46; Bill Hackman $3.75; Twin City Testing &,Engineering $40.00; Cranston Typewrtiers $45.00;
Wm. LaPlante $49.15; Osco Drug $77.95; AmericanSociety of Planning Officials $7.15; Jean
Waskewizc $55.80; R. C. Drips Grocer $95.90; Larry Lentz $86.00; Arnolds Supply $8.24; Eileen
Sibley $31.90;,Peoples Natural Gas $157.71; C. A. Armstrong $6.90.
From the.Street & Alley Fund: Clutch & Transmission Service $41.78; Smith, Inc.
$2.12;,Quarve & Anderson $18.75; Phillippi Equipment Co., $16.91; Sm M. Supply -Company $14.46.
From the Fire Protection Fund:. Big Four Oil Company $193.36; Clements,Chevrolet
Company $3.70; Kenneth Stoltenberg $77.85; Wayne Clark $52.00; Arthur Riess $52.00; Frank W.
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Everett $67.76; Steinhagen Bonded.Service $15.00; Peoples Natural Gas $64.7.2,
From the Police Protection Fund: James J. Macken $16.00; Donald.Crowe $30..25;....
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Andersons Mens Wear $152.35; Bakers Shoe Store $25.90; Dean Lent.$25.42; Carl J. Brtese $26.32;
Philip Kern $100.00; Hilman Vang $4.50; Olmsted Community Hospital $8.00; Capital Eat Shop
$2.00; Fire & Safety Inc. $27.50; Reuben Rieck,$74.00; S. M. Supply Co.,.$7.56; Woodhouse Bros.,
$2.90. .
From the Sewer Fund: Eco, Inc. $86.36; State of Minnesota Industrial Commission,,
$1.00; Woodruff.Company $5..47; Peoples Nat�wal Gas $42.65.
From the Auditorium Fund: H..Dornack & Sons $7.49; Cal Smith $14.98; Photo News
Inc. $119.80; N. W. Bell Telephone $20.00; Adams $1.85.
,Rrom the Music Fund:. Rutz Studio_$26.75;.The Kruse Co., $30.18; KWEB,$12.00;
Rochester Transfer Company $13.88; Harry Daniels $50.00; Joe Skogen $3Q.00; Blickles $21.50;
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N. W. Bell Telephone Co. $20.15; Williams.Printing Co., $6.00; Amerigan Legion $24.00; H & H
Electric Co., $.69; Bach Music Co., $4.98; National Music Co., $10.94; Associated Music Publica-
tions $1.43; Bach Music Co., $180.00; Harold Cooke $6.02; Boosey & Hawkes $20.54; Floyd E.
Markee $10.00.
From the Parking Meter Fund: Gopher Welding $31.05; Joseph M. Healey $54.45;
S. M. Supply.Co., $12; Minnesota Mining:& Mfg. Co. $146.60. .
From the Permanent Improvement Fund: Kirckhof Plumbing & Heating $20.00.
From the Bridge Fund: State of Minnesota, Department of Highways $86.52; Street
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and Alley Fund $28.00.
A copy of a letter addressed to Messrs. Dorsey, Owen, Barber, Marquart &Windhostt
from Harold E. Wood & Company stating, that they felt that the legal methods and means.used to
accept the bid made by a syndicate on the sale of $1,775,000 General Obligation Bonds for the
City of Rochester on April 17, 1961 was,arbitrary and unfair, to Phelps, Fenn & Company, C. J.
Devine & Company,,.Stone and Webster Securities Corp. and their other associates and it was a
reflection on all concerned, was read. A fetter from Artjiur B. Whitney of Dorsey,,Owen, Barber,
Marquart and Windhorst, explaining hhw the decision to accept the bid of Commerce Trust Company
of Kansas.City, Missouri,,had been arrived at„was also read. President Tingley ordered the
letters placed on file. .
Record of Official Proceedings of the Common Council 267
of the City of Rochester, Minn., May, 1, 1961
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The following resolutions were each introduced and read and upon motion made and
seconded and all voting in favor thereof, President Tingley declared the said resolutions duly
passed and adopted:
Resolution authorizing that $300,000 4 3/87. U. S. Treasury Certificated of
Indebtedness maturing on May 15, 1961 be reinvested in 37* Treasury Certificates of Indebtedness
maturing May 15, 1962, for the Permanent Improvement Fund. Upon motion by Stadler, second by
Wilson, resolution adopted.
Resolution authorizing and directing the Mayor and City Clerk to execute an
agreement for cancellation of Grant Agreements, in connection with Lobb Field. Upon motion by
Wilkus, second by Wilson, resolution adopted.
Resolution directing the Mayor and City Clerk to execute an Agreement and Waiver
between City of Rochester and Michael Ploetz relative to replacement of sanitary sewer and water
main service connections in reconstruction of llth Avenue S. E. and N. E. from 4th Street to 5th
Street N. E. Upon motion by Wilson, second by DeVries, resolution adopted.
Resolution authorizing and directing the City Clerk to advertise for sealed proposals
for the furnishing of the Season's Supply of Liquid Chlorine for the Sewage Treatment Plant. Upon
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motion by Wilson, second by Wilkus, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for construction of a water tower to be located on the East side of 18th Avenue N. W.
approximately 1250 feet north of the Present City limits together with the necessary trunk line
to connect said water tower with the City water system on 18th Avenue N. W. (deferred assessment
to Bielenberg & Giese 4th Addition and unplatted land lying west of Thomas' First Addition). Upon
motion by Wilson, second by Stadler, resolution adopted.
Resolution ordering a hearing on the proposed assessment for the construction of
a water tower to be located on the East side of 18th Avenue N. W. approximately 1250 feet north
of the present City limits together with the necessary trunk line to connect said water tower with
the City water system on 18th Avenue N. W. (deferred assessment bo Bielenberg & Giese 4th Addition
and unplatted land lying west of Thomas' First Addition). Upon motion by Stadler, second by Wilson,
resolution adopted.
Resolution declaring, cost to be assessed and ordering preparation of proposed
assessment for construction of a 10" water main to Elton Hills (deferred assessment Replat of
Bielenberg & Giese 4th Addition and to unplatted Thomas property west of Thomas Addition). Upon
motion by Wilson, second by Wilkus, resolution adopted.
Resolution ordering a hearing on the proposed assessment for construction of a water
main loll to Elton Hills (deferred assessment Replat of Bielenberg & Giese 4th Addition and to
unplatted Thomas property west of Thomas Addition). Upon motion by Wilson, second by Wilkus,
resolution adopted. °
Resolution referring improvement petition for determination of adequacy., feasibility
report and recommendation to the Public Works Committee and City Engineer for construction of a
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curb and gutter on llth Avenue Southeast on both sides from 8th Street to 8� Street Southeast.
Upon motion by'Leonard, second by Wilson, and upon roll call and all voting in favor thereof,
resolution adopted.
Resolution appropriating $169.43 from the Lighting Fund and $2,277.75 from .the
Auditorium Fund and ordering payment made to City of Rochester $367.25; Viker & Sorenson $835.00;
City of Rochester~$554.40 and Park Department $1,525.53. Upon motion by Wilkus, second by
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Wilson, resolution adopted.
Resolution appropriating $25,232.63 from the General Fund, $4,776.38 from the P.I.R.
Fund, $6,050.18 from the Street & Alley Fund and $20,295.57 from the Sewer Fund and ordering
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payment made to General Fund $467.33; Street & Alley Fund $4,309.05; P.I.R. Fund $26,345.75;
Public Health 4c Welfare Fund $18,692.02; Firemen's Relief $5,018.98 and Police Relief $1,521.63.
Upon motion by DeVries, second by Leonard, resolution adopted.
Resolution appropriating $24,463.08 from the Permanent Improvement Fund and ordering
payment made to Rochester Sand & Gravel Company. Upon motion by DeVries, second by Stadler,
resolution adopted.
Resolution appropriating $408.48 from the General Fund, $4,747.76 from the Street &
Alley Fund, $64.72 from the Fire Fund, $495.65 from the Sewer Fund, $28.00 from the Bridge Fund,
$6,429.45 from the Lighting Fund, $24.80 from the Parking Meter Fund and $259.20 from the
Permanent Improvement Fund and ordering payment -made to Peoples Natural.Gas $491.49; Street &
Alley Fund $50429.25 and City of Rochester, P.U. $6,539.22. Upon motion by DeVries, second by
Stadler, resolution adopted.
Resolution appropriating $446.69 from the Street and Alley Fund and ordering payment
made to C. M. Boutelle & Sons. "Upon -motion by DeVries, second by Leonard, resolution adopted.
Resolution appropriating $1052.85 from the Sewer Fund, $1,.728.68 from the Park
Improvement Fund• -and $1,717.26 from the General Fund and ordering payment made to Green Bay
Foundry $1,352.85; Auditorium Fund $1,728.68; Business Services $250.00; Peoples Coop. Power
Assn. $1,467.26. Upon motion by Wilson, second by Wilkus, resolution adopted.
Reeolution appropriiting $6,495.00 from the Police Protection Fund and ordering
payment made to Adamson Motor Company. Upon motion by Wilson, second by DeVries, resolution
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adopted.
Resolution appropriating $733.90 from the Permanent Improvement Fund and ordering
payment made to E. C. Bather & Associates. Upon motion by DeVries, second by Leonard, resolution
adopted.
_
Resolution appropriating $3044.00 from the General Fund and ordering payment made
to Adamson Motors. Upon motion.by DeVries, second by Stadler, resolution adopted.
Resolution appropriating $871.68 from the Street & Alley Fund and ordering payment
made to Herbert G. Knopp Agency $467.08 and Litchfield Steel Company $404.60. Upon motion by
Wilkus, second by Stadler, resolution adopted.
Resolution appropriating $748.87 from the Police Protection Fund and ordering
• Record of Official Proceedings of the Common. Council
of the City of Rochester, Minn.,'. May 1, 1961
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payment made to Adamson Motors,;Inc,. $468.96 and Clements Chevrolet Company $279.91. Upon motion
by Wilson, second by Stadler, resolution adopted. ,
Resolution appropriating $550.00 from the General Fund and ordering payment made to Mrs.
William Freytag. Upon motion by DeVries, second by Wilkus, resolution adopted.
Resolution accepting bid of H. S. Dresser & Son for -the construction of Bridge No.
55505 on llth Avenue Northeast over Silver Creek.
resolution adopted.
Upon motion by Morris, second by Wilson,
Resolution appropriating $4,320.00 from the Fire Protection Fund and ordering payment
made to Donald T. Johnson, Treasurer of Firemen's Relief Assn. Upon motion by Wilson, second by
Stadler, resolution adopted.
Resolution appropriating $726.93 from the General Fund and ordering payment made to R. V.
Ehrick, City Attorney. `Upon motion by Wilson,.second by Stadler, resolution adopted.
Alderman Wilson introduced the following resolution which was read:
RESOLUTION ESTABLISHING FORM AND DETAILS OFe
$1,175,000 GENERAL OBLIGATION BONDS, SERIES C,
AND LEVYING TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the Common Council of the City of Rochester, Minnesota:
1. It is hereby found and determined that the electors of the City, at the special
:election called and held July 16, 1957, by the requisite majority of votes cast upon
each proposition, authorized the issuance of negotiable coupon general obligation bonds
of the City in the aggregate principal amount of $3,442,000, for improvements to the
street system, the storm sewer system and sewage disposal plant and for the construction
of a swimming pool;'that under and pursuant to the resolution adopted March 31, 1958,
entitled "Resolution Establishing Form and Details of $1,500,000 General Obligation
Bonds, Series A, and Levying -Taxes for the Payment Thereof", which resolution is by ref-
erence incorporated herein and made a part hereof, the City has heretofore issued
bonds pursuant to said authorization in the aggregate principal amount of $1,500,000,
designated as the "General Obligation Bonds, Series A", which bonds included the
entire amount of $549.600 authorized for sewage disposal plant improvements and
$175,000 for swimming pool construction, together with $300;400 for street sygem
improvements and $475,000 for storm sewer improvements; that under and pursuant to
the resolution adopted.January 28, 1959, the City issued additional bonds in the
principal amount of $757,000, designated as the "General Obligation Bonds, Series B"
including the remaining amount of $134,800 authorized for storm sewer improvements
and $632,800 of the sum authorized for improvements to the street system; that it is
necessary at this time for the City to issue the remaining bonds so authorized, in
the amount of $1,175,000 for improvements to the street system, to be designated as
the "General Obligation Bonds, Series C", that siad bonds have been duly advertised
at public sale and sold in accordance with the most favorable bid received therefor;
and that it is now necessary to establish the form and details thereof in accordance
with the authorization by the electors and the contract of sale.
2. Said General Obligation Bonds, Series C, shall be dated as of April 1, 1961,
shall be 1,175 in number and numbered from 1 to 1;175, inclusive, shall bear interest
at the respective annual rates set forth opposite their maturity years below,
payable January 1, 1962, and semi-annually thereafter on July 1 and January 1 of each
year until paid, and shall mature serially, without option of prior payment, on
January 1, in the years and amounts as follows:
Maturity
Interest
Maturity
Interest
Years
1962�
Amounts
$50,000
Rates
2.50%
Years
Amounts
Rates
1963
40,000
2.50%
1970
1971
$75,000
85,000
2.80%
2.80%
1964
1965
50,000
55,000
2.50%
1972
800000
3.25%
1966
55,000
2.50%
2.50%
1973
1974
85,000
90,000
3.25%
1967
65,000
2.60%*
1975
95,000
3.257.
3.25%
1968
1969
65,000
75,000
2.707.
42.80%
1976
100,000
3.25%
1977
110,000
3.25%
Each of said bonds shall bear
August 1, 1961 to July 1,
interest at
1962 to
the additional,rate
of 1% per
annum from
designated
as "B" coupons.
be evidenced,by a separate set of interest coupons
The principal thereof and interest
shall be
apayable at
20 Record of Official Proceedings -of the Common Council
of the City of Rochester, Minn., May 1, 1961
OSWALD PUBLISHING CO., NEW ULM, MINN. A3523
Morgan Guaranty Trust Company in New York City, N,. Y.,sand the City hereby agrees
to pay the reasonable and customary charges of said paying agent for the receipt
and disbursement of the principal and interest moneys. The City Clerk and her
successors in office are hereby authorized and directed to procure; establish and
maintain a register suitable for the registration of any of "said bonds, as to
principal only, upon request therefor by the holder of any bond, and each and all
of said bonds shall be registrable, as to the ownership of principal only, in the
manner set forth in the form of bond provided below.
3. Said bonds and the interest coupons to be attached thereto and the registr-
ation form to appear,on the back of each bond shall be in substantially the
following form, with.suitable insertions of dates, numbers and interest rates:
Y UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OLMSTED
t CITY OF ROCHESTER
GENERAL OBLIGATION BOND
SERIES C
No. $1,000
KNOW ALL MEN•BY THESE PRESENTS that the City of Rochester, in the County of
blmsted and State of`Minnesota, acknowledges itself indebted and for value `
received promises to pay to bearer or, if this bond is registered, to the
registered holder thereof, the principal sum of ONE'THOUSAND dollars on the 1st
day of January, 190 without option of prior payment, and promises to pay
interest on said principal sum from the date hereof until said'principal sum is
paid, at the rate of per cent ( %) per
annum, plus additional interest on said principal sum at the rate of
per cent (_7.) per annum from ,
19 to , 19 Said interest is payable January 1, 1962,
and semiannually thereafter on July and January 1 of each year, interest to
maturity being payable in accordance with, and on presentation and surrender.of,
the interest coupons appurtenant hereto,`consisting of one set of coupons
representing interest from date of issue to maturity at the basic fate stated
above, and a separate set designated as "B" coupons, representing interest at
the additional rate and for the limited period stated above. Both principal and
interest are payable at
in , and
are payable in any coin or currency of the United States of America which'on the
date of payment is legal tender for public and private debts. For the prompt
` and full payment of such principal and interest, the full faith, credit and
unlimited taxing powers of the City`of Rochester have been and are hereby
irrevocably pledged.
This bond is one of a series in the total principal amount of $1,175,000,
all of like date and tenor except as to`serial number, interest rate and maturity
date,`issued by said City for'the purpose of financing'iinprovements to the
municipal street system. The bonds of this series are issued pursuant to due
authorization of bonds for said purpose by the favorable vote of -the requisite
majority of the qualified electors of the City voting on such proposition at
an election duly`and legally called and held therein, and pursuant to and in
full conformity with the provisions of`the Constitution and laws of the State
of Minnesota and the Charter of the City thereunto enabling. The aggregate
principal amount of bonds authorized at said election is $3,442,000, of which
bonds Series Agin the amount of $1,500,000, were issued and sold under date of
•
April 1, 1958, and Series b, in the amount of $767,000, were issued and sold
ufider date of January 1, 1959. `
L
This bond is transferable by delivery, except while registered as to
principal in the name of a holder on the bond register of the City kept for
that purpose at the of its City Clerk, with such registration noted hereon
-office
by said Clerk. While so registered, no transfer hereof shall be valid unless
made on such register by the registered holder in person or by his attorney
duly authorized in writing and similarly noted hereon; but this bond may be
discharged from registration by being in like manner transferred to bearer, and
thereupon transferability by delivery shall be restored; but the bond may
again -and from time to time be registered in the name of'a holder or transferred
to bearer as before.. Such registration shall not affect the negotiability of
the interest coupons appurtenant hereto, which shall always continue to be
payable to bearer and transferable by delivery.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the'Constitution and laws of the State•of Minnesota•and the Charter
of the City to be done, to happen, to exist and to'be performed precedent to
and -in the issuance of this bond, in order to make it a valid general obligation
•
• Record of. Official Proceedings of the Common Council
of the City of Rochester, Minn:, May 1, a 1961
of the City according to its terms, have been done, have happened, do exist,
and have been performed in regular and due form, time and manner as so required;
that the issuance of this bond did not cause the indebtedness of said City to
exceed any constitutional,,statutory or charter limitation; that, prior to the
issuance hereof, a direct, annual, ad valorem tax has been duly levied upon all
taxable property in said City for the years and in amounts.at least 57. in excess
of sums sufficient to pay the interest hereon and the principal hereof as they
respectively become due, and additional taxes, if needed, will be levied upon
C!?
all of such property, without limitation as to rate or amount; and that said
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tax levies are irrevocable, save and except to the extent that moneys are provided
from other sources and irrevocably appropriated and paid`irito the special Sinking
Fund.Account heretofore created -within the municipal Sinking Fund for the payment
of said -bonds' -and interest thereon.
IN WITNESS`WHEREOF the City of'Rochester, Minnesota, has caused this bond to
be executed in its behalf by the facsimile signature of its Mayor and by the
.
manual signature of its City Clerk and its official seal'to be affixed, and Y
the interest coupons appurtenant hereto to be executed and authenticated by the
'facsimile
signatures of said Mayor and City Clerk,'and:has caused a true`and
correct fopy of the opinion rendered by bond counsel as to the validity of the
issue including this bond, rendered at the time of delivery hereof, to be
printed on the reverse side of this bond, and has caused this bond`to be dated
as of April 1, 1961.
(Facsimile of Mayor's signature)
Mayor
(Place for signature of City Clerk)
City Clerk
( SEAL)
(Form of Coupon)
No. $
On the 1st day of January (July),.19 , the City of Rochester; Minnesota,
will pay to bearer at
in
the sum of DOLLARS -for °interest then dtie on
its:General-Obligation Bond, Series C, dated April 1, 1961 No.
(Facsimile signature) (Facsimile signature)
City Clerk Mayor _
(Form of text and grill for registration
to appear on the back of each bond)
The within bond has been registered, as to ownership of principal only, on the
bond register kept at the office of the City Clerk in Rochester, Minnesota.
NO WRITING HEREON EXCEPT BY THE CITY CIERK
Date: Registered Owner Signature of Clerk
4. Said bonds shall be prepared for execution under the direction.of the City Clerk
and attorneys,
and when so prepared shall be executed in behalf of the City by the
facsimile signature of the Mayor being engraves, printed or lithographed thereon and by
the
manual signature of the City Cler, who shall- affix the official seal to each of said
bonds; and the interest
coupons shall be executed and authenticated by the -printed,
engraved or lithographed facsimile signatures the
of Mayor and City Clerk. When the bonds
have been so executed, they shall be delivered by the City Treasurer to the purchaser'
upon receipt of the purchase price heretofore agreed upon, and the purchaser shall not
be required to
see to the application thereof.
5. The special "General Obligation Bond,Account" created by said resolution of
March 31, 1958, within the -Sinking Fund
created by the City Charter shall continue to be
maintained and to be used.solejj for the
payment of and interest on the bonds herein
authorized, and the bonds of said Series A and Series B,
and any additional general
obligation bonds hereafter -designated by the Common Council. If
any payment of
.principal or interest on said bonds shall become due when the moneys in said -account are
not
sufficient therefor, the Treasurer shall make the payment -from any moneys which
are available in
other funds of the City, and such funds may be reimbursed for such
advances out of the proceeds thereafter received
from the takes herein levied. All sums
collected on the taxes herein levied and all accrued interest
and principal received by
the City upon the delivery of said bonds to the purchase thereof are hereby irrevocably
appropriated
to said account.,
272
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1, .1961
;6. For the prompt and full payment.of the principal of and interest on said
bonds as such.paymenis respectively fall due, the full faith, credit and unlimited
taxing powers.of the.City shall be and are hereby irrevocably pledged. To provide
moneys for such,payments,-there is hereby..levied upon all the taxable properties
within the territorial limits of the City a direct, annual, ad valorem tax which
shall be spread upon the tax rolls and -collected as a part of other general taxes
of the City for the years (collectible in the -respective --ensuing years) and in
the amounts as follows:,
Year Amount Year Amount
1961 $ 76,886 1969 $110,860
1962 86,335 1970 1039110
1963 90,275 1971 1059630
' 1964 883,830 1972 107,980
1965. 979885 1973 110,160
1966 96,110 1974 112,165
1967 104,770 1975 119,255
1968 102,565
In 1960, an amount of $94,062.50 of general property taxes was levied for collection
in 1961 to be appropriated to the general obligation bond account,of the Ginking Fund
for the payment of bonds and interest of the general obligation bonds, Series C
due January 1; 1962. `
Said levied are hereby made and declared to be irrevocable as long`as any of said
bonds are outstanding, save and.except that the City hereby expressly reserves the
right and power to reduce any of the above levies at the time and in the manner
and to the extent permitted by Minnesota Statutes, Section 475.61.
7. The City Clerk is hereby authorized and directed to file with the County .
Auditor of Olmsted County, Minnesota, a certified copy of this resolution, together
with such other information as the County Adutior may require, and to obtain from
the County Auditor a certificate that the tax required by law for the payment'of
said bonds has been levied.and that said bonds have been entered upon his bond
`register.
8. The officers of the City and the County'Auditor of Olmsted County are hereby
authorized and directed to prepare Iand furnish to the purchase of said bonds, and
to the attorneys approving the legality of the issuance thereof, certified copies
of all proceedings and records of the City relating to said bonds and to the
financial condition and affairs of the City and such other affidavits, certificates
and information as may be required to show the facts relating to the legaility and
marketability of the bonds as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such certified copies,
certificates and affidavits, including any, heretofore furnished, shall be deemed
representations of the City as to the truth of the facts purported to be shown
therein. `
A motion was then made by Alderman Wilson, second by Alderman Wilkus, that the said resolution be
adopted as read, and all voting in favor thereof, President Tingley declared the said resolution
duly passed and adopted.
Alderman Wilson then introduced the following resolution which was read:
RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE .
OF $600,000 IMPROVEMENT BONDS, SERIES F, PAYABLE
FROM THE IMPROVEMENT BOND ACCOUNT OF THE SINKING
FUND, AND APPROPRIATING SPECIAL ASSESSMENTS AND
TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the Common Council of the City of Rochester, Minnesota:
1. It is hereby found and determined that the -City has heretofore ordered and
contracted for the construction of various local improvements and has determined the
area proposed to be assessed therefor, after proper hearing and advertisement for
bids,, in accordance with the provisions of Minnesota Statutes 1957, Chapter 429; that
the total benefits resulting.from each of said improvements to the properties within
the area assessable therefor is not less than the cost thereof, and the City now has
full power and authority to finance the same by the levy.of specail assessments upon
such properties, and to the extent to be determined by the Council, by the levy of
ad valorem taxes on all taxable property within its corporate limits, for the
payment of such portions of the cost as should be borne by the City at large, or such
portions of the cost of water and sewer improvements as should be deferred for
assessment at a later date; that it is necessary and expedient for the City at this
time to issue its negotiable coupon general obligation improvement bonds pursuant
to said Chapter 429 in the principal amount of $600,000, to pay expenses necessarily
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Record -of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1, •1961
f8 4
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incurred and
to be incurred
in connection with said improvements, which,bonds have
been duly advertised and sold at public sale; that it is necessary to
establish the
precise form
and details of
said bonds as hereinfifter provided, in accordance
with
the contract
of sale heretofore made: and that the general nature of
each of said
improvements,
the project number heretofore assigned thereto and the
total cost
thereof, as presently
estimated ase as follows:
Nature of
Cost to be
Project Na.
Assessment No. Project
Financed
1959-1
3299
Sidewalk
$ 1,293.96
1959-2
3301
Sidewalk
903.72
5511
3307
Sanitary Sewer-Watermain
5,386.60
5620
3308
Watermain
742.10
5502
3309
Paving-
4,171.44
.5802
3311
Grading and Paving
3,340.65
4803
3320
Sanitary Sewer
1,058.40
5601
3321
Sanitary Sewer
1,350.00
5601
3322
Paving
8,720.18
.:5825
3324
Grading, Surfacing, San.
Sewer & Storm Sewer, etc.
8,324.13
5721
3330
Sidewalk
2,783.06
1960-4
3331
Sidewalk
1,367.14
1960-1
3334
Sidewalk A
5,329.76
4656-66
.3336
Curb & Gutter
1,608.96
5417
3337
Curb & Gutter
7,092.00
4656-66
3338
Curb & Gutter
1,738.78
:5301
3339
Sidewalk, curb & gutter
1,888,74
5816
3340
Curb & Gutter
3,609:88
4520
3341
Paving, sidewalk and
curb and gutter
25,943.90
5720
3342
Curb & Gutter
8,167.66
5525
3343
Curb & Gutter
2,053.66
4811
3348
Grading, Surfacing, Storm
Sewer, Watermain,-Curb and-
r
Gutter
21;800.52'
5619-C
Grading and Surfacing
6:139.66
5821
Sanitary Sewer, Watermain,
Grading, Surfacing, cetc..
206,000.00
5903Sanitary
Sewer Watermain
165,000.00
5903 II
Storm Sewer, Serv. Conn.
Grading &Surfacing
42,705.00
5214
Watermain & Sanitary Sewer
7,977.77
5119
Curb and Gutter
787.40
6016
3353
Watermain�
13,160.12
6010
San. Sewer, Watermain,
Serv_: Conn., grading &
5009
Surfacing
12,141.58
5616
3306
Surfacing
3,360.96
5708
Sanitary Sewer
3,882.51
562424
Grading and Surfacing
Resurfacing
4,365.41
590b
Surfacing
10,321.12
7,840.00
Total $
602.356.77
2. Said
in number and -numbered
bonds shall be
from
designated as "Improvement Bonds, Series
1
E", shall be 600
and in the
to 600, inclusive, each in the denomination of $1,000
aggregate principal
1961. Said bonds shall bear
amount of $600,000,, and shall be dated
as of April 1,
interest at the respective annual rates set forth opposite
their maturity years below, payable January-1, 1962, and semiannually thereafter on
July 1 and January 1 of each
year, and shall mature serially, without
option of prior
payment, on January 1 in the
years and amounts as 'follows:
Maturity Interest Maturity 4 Interest
Years Amounts Rates Years Amounts Rates
1962 $120,000 -2.5% - - 1967 � � $ 25,000 2.6%
1196 110,000 2.5% 1968 25,000 2.7%
1964 100,000 2.5% 1969 25,000 2.87.
1965 75,000 2.5% 1970 25,000 2.8%
1966 70,000 2.5/. 1971 25,000 2.87.
Each of said bonds shall bear interest at the additional rate of per annum from
August 1, 1961 to January'l, 1962 to'be evidenced by a separate set of interest coupons
designated as "B" coupons. The principal thereof and interest thereon shall be payable
at Morgan Guaranty Trust Company in New York City, N. Y., and the City hereby agrees
to pay the reasonable and customary charges of said paying agent for the receipt and
disbursement of the principal and interest moneys. The City Clerk and her successors
in office are hereby authorized and directed to procure, -establish .and maintain.a
register suitable for the registration of any of said bonds, as to principal only, upon
request therefor by the holder of any bond, and each and all of said bonds shall be
0
274 Record. of Official Proceedings of the Common Council
of the City of. Rochester, Minn., May 1, 1961- 0
registrable, as to:the ownership of principal only in the manner set forth in the form
of bond provided below.
3• Said bonds and the interest coupons=to be attached thereto and the registra-
tion forms to appear on the backs thereof shall -be in substantially the following form,'
with suitable insertions of dates, numbers and interest rates:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OLMSTED
_ CITY OF ROCHESTER
IMPROVEMENT BOND, SERIES E
No. $1,000
KNOW ALL MEN BY THESE PRESENTS that the City of Rochester, in the County of
Olmsted and State of Minnesota, acknowledges itself indebted and for value received
promises,to pay to bearer or, if this bond is registered, tothe registered holder
hereof, the principal sum`of ONE THOUSAND DOLLARS on the 1st day of January, 19 ,
•
without option of prior,payment, and promises to pay interest on said principal sum
from the date hereof until said principal sum.is paid, at the rate of
` per cent (%) per annum, plus additional interest on
said.principal sum at the rate of per cent
( T % per annum from - 19 to
19 Said interest is payable-.January-1,-1962 and semiannually thereafter on
July,l and January 1 of each year, interest to maturity being payable in accordance
with, and on presentation and surrender of, the interest coupons appurtenant hereto,
consisting of one set of coupons.representing interest from date of issue to maturity
at the basic rate stated above, and a separate set designated as "B" coupons,
representing interest at the additional rate and for the limited period stated above.
Both,principal and interest are payable at
in , and are payable in any coin or
currency of the United States of America which on the date of payment is legal tender
for public and private debts. For the prompt and full payment of such principal and
interest, the full faith, credit and unlimited taxing powers of the City of Rochester
have*beeri and are hereby irrevocably pledged. -
This bond is one of a series in the total principal amount of $600,000, all of
like date and tenor except as to serial number, interest rate and maturity date, issued
by said City for the purpose.of defraying expenses incurred and to be incurred in the
construction of local improvements I heretofore duly ordered and directed to be made in
and for said City, in anticipation of the -levy and collection of special assessments
with respect to said improvements and of taxes for the payment of the portion of the
cost•thereof devolving upon the City, and is issued pursuant to and in full conformity
with resolutions duly adopted by -the Common Council after hearing as required by law,
and pursuant to and in full conformity with the prov*sions of the Constitution and
laws of the State of,Minnesota dn@ phe Charter of said City thereunto enabling,
including Minnesota Statutes, Chapter 429. This bond is payable primarily from the
Improvement Bond Account of the Sinking Fund of the City of Rochester, to which
said taxes and assessments have been appropriated, but the Council is required to
pay the principal and interest thereon out of any funds in the treasury in the.event
that'the`moneys on hand in said account should at any time be insufficient to meet
the payment of maturing principal and interest.
This bond is transferable by delivery, except while registered as to principal
in the name of a holder on the bond register of the City kept for that purpose at the
-office of its City Clerk with such registration noted hereon.by said Clerk. While so
•
'registrerd, no transfer hereof shall be valid unless made on such register by the
registered holder in person or by his attorney.duly authorized in writing and
similary noted hereon; but this bond may be discharged from registration by being in
like manner transferred`to.bearer, and thereupon transferability by delivery shall
be restored; but the bond may again from time to time be registered in the name of a
holder or transferred to bearer as before. Such registration shall not affect the
negotiability of the interest coupons appurtenant hereto, which.shall always continue
to be payable to bearer and transferable by delivery.
IT IS HEREBY CERTIFIED AND RECITED that all•acts, conditions and things
required by the Constitution and laws of the State.of Minnesota dn@ the Charter of
the City to be�done, to happen, to exist and to be,performed precedent to and in .
the issuance of this bond, in order to make it a valid general obligation of the
City according.to its terms, have been done, have happened, do exist.and have been
performed in regular and due form, time and manner as solrequired; that the'issuance
of this bond did not cause the indebtedness of said City to exceed any constitutional
statutory or charter limitation; that it is estimated thatsaid special assessments
and taxes will be collected in the years and amounts required to produce sums not
less than 57. in excess of sums sufficient to pay the interest hereon and the
principal hereof as they respectively become due; and that additional.taxes,.if
• Record of Official Proceedings of the Common Council 275
of the City of Rochester, Minn., May 1, .,1961
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needed for said purposes, may be levied upon all taxable property in theCity,
without limitation as to rate or amount.
IN WITNESS WHEREOF the City of Rochester, Minnesota, has caused bhis bond
to be executed in its behalf by the facsimile signature of its Mayor and by the
manual signature of -its City Clerk and its official seal to be affixed, and the
interest coupons appurtenant hereto to be executed and authenticated,by the
facsimile.signatures of said Mayor and City Clerk, and has caused a true and
correct copy of the opinion rendered by bond counsel as to the validity of
the issue including this bond, rendered at the time of delivery hereof, to be
printed on the reverse side of this bond, and has caused this bond to be dated
as of April 1, 1961.
(Place for signature of City Clerk) (Facsimile of Mayor's signature)
City Clerk Mayor
(SEAL)
(Form of Coupon)
No. $
On the 1st day of January (July), 19 , the City of Rochester, Minnesota,
will pay to bearer at
in , the sum of
DOLLARS for interest then due on its Improvement Bond,
1961 No.
(Facsimile Signature)
City Clerk
Series E, dated April 1,
(Facsimile signature)
Mayor
(Form of text and grill for registration
to -appear on the back of each bond)
The within bond has been registered, as to ownership of principal only, on
the bond register kept at the office of the City Clerk in Rochester, Minnesota.
NO WRITING HEREON EXCEPT BY THE CITY CLERK
Date Registered Owner Signature of Clerk
4-Said bonds shall be prepared for execution under the direction of -the
Clerk and attorneys, and when so prepared shall be executed in behalf of the City
by the facsimile signature of the Mayor being engraved, printed or lithographed
thereon and by the manual signature of the City Clerk, who shall affix'the-
official seal to each of said bonds; and the interest coupons shall be executed
and, authenticated by the printed, engraved or lithographed facsimile signatures
of the Mayor and City Clerk. When the bonds have been so executed, they shall
be delivered by the City Treasurer to the purchaser upon receipt of the purchase
price heretofore agreed upon, and the purchaser shall not be required to see to
the application thereof.
5. In accordance with said Chapter 429 there shall continue to -be maintained
(as a subfund or account within the Permanent Improvement Revolving Fund) a -separate
fund for each of the improvements listed in paragraph 1.hereof, and the proceeds
of sale of the bonds herein authorized, except accrued interest and premium, shall
be paid into said respective funds in the.amounts required for the payment of the
expenses of said improvements,, and used solely for such purpose. After completion
of each of said improvements, and payment of the cost thereof in full,`any unexpen-
ded portion of the bond proceeds then held in the fund may, if directed by the
Council, be transferred to the fund of any other improvement to"be financed by
the issuance of bonds under said Cahpter 429; and all other moneys remaining
therein, and all subsequent collections of special assessments levied for said -
improvement, shall be credited and paid into the Improvement Bond Account
heretofore created within the -municipal Sinking Fund.
6. Said Improvement Bond -Account k shall continue' to be maintained. within 'the
Sinking Fund as long as any of the bonds herein authorized are outstanding, and
shall be used solely for the payment of the principal and interest when due,on said bonds, and on the Improvement Bonds, Series A, C' and D, and on any additional bonds
hereafter authorized to finance improvements instituted pursuant to Chapter 429 and
any acts amendatory thereof and supplemental thereto, or to prepay and redeem such
bonds when and as they become prepayable according to their terms. It is contemplated
that the special assessments to be levied for the improvements listed in paragraph 1
hereof, and herein appropriated to said Improvement Bdnd Account, will be in an
aggregate principal amount not less than $ , and will be collected with
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.SWALD PUBLISHING CD., NEW uLM, MINN A3528
and as a part of the general taxes levied by the City on the tax rolls for 1961
and each subsequent year, in not exceeding ten equal annual installments of
principal, with interest at the rate of 5% per annum on the installments of said '
assessments fromtime.to time remaining -unpaid. For the purpose of paying that
portion of the cost of said improvements to be assumed by the City or'to be
carried by the City pending the future levy of special assessments on benefited
property, and for the purpose of providing, together with estimated collections
of the special assessments to be levied initially, sums not less than 57. in
excess of the annual principal and interest payments required to be made on
said bonds, there is hereby levied upon all taxable property within the City
.of Rochester a direct, annual ad valorem tax to be spread on the tax rolls for
the years and in the amounts as follows, and collected in -the respective
ensuing years:
Year Amount Year Amount
1961 $18,415 1966 $ 4,165
1962 15,025 1967 3,455
1963 11,152 1968 2,720
1964 8,935 1969 1,985
1965 4,850
Said taxes when collected shall be credited and'paid.into the Improvement Bond
Account of the Sinking Fund and shall be irrevocable as long as any bonds payable
from said account are outstanding, provided that the City reserves the right and
power to reduce said levies by the amount of any moneys hereafter irrevocably
appropriated to and actually paid into said Improvement Borid Account, other than
special assessments and taxes levied for the bonds of this series and other series
made payable from said account. The full faith and credit of the City shall be
and is hereby irrevocably pledged for the prompt and full payment of the
principal and interest on all of the bonds herein authorized, and if at any time
the moneys in said Improvement Bond Account shall be insufficient to pay all
principal and interest due, .the Common Council shall provide sufficient moneys
therefor from any other funds in the City Treasury, and such funds may be
reimbursed from the proceeds of said special assessments and taxes when collected.
The City further covenants and agrees that it will levy additional taxes to any
extent required to restore any deficiency in said Improvement Bond Account for
the apyment of bonds and interest chargeable thereto, which levies may be made
without limitation as to rate or amount.
7. The City Clerk is hereby authorized and directed to file with the County
Auditor of Olmsted County, Minnesota, a certified copy of this resolution,
together with such onther•information as the County Auditor may require, and to
obtain from the County Auditor a certificate that the tax required by law for
the payment of said bonds has been levied and that said bonds have been
entered upon his bond register.
8. The officers of the City and the County Auditor of Olmsted County are
hereby authorized and directed to prepare and furnish to the purchaser of said
bonds, and to the attorneys approving the legality of the issuance thereof,
certified copies of all proceedings and records of the City relating to said
bonds and to the financial condition and affairs of the City and such other
affidavits, certificates and information as maybe required to show the facts
relating to the legality and marketability of the bonds as the same appear from
the books and records under their custody and control or as otherwiseknown to
them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall.be deemed representations of the City as to the
truth of the facts purported to be shown therein.
A motion was then made by Wilkus, `second by Wilson, that the said resolution quoted
above be adopted, and all voting in favor thereof, President Tingley declared the said resolution
duly passed and adopted.
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Alderman Wilkus introduced a resolution authorizing the Mayor and.City Clerk to
execute on behalf of the City of Rochester a Warranty Deed conveying to Leitzen Concrete Products,
Inc. the north 34 feet of Lots 3, 4, 5 and 6, Block 1, Conley's Addition, which Was read: R. V.
Ehrick, City`Attorney, explained that the City Had purchased the entire lots but would not be
using the north 34 feet; this land is usable as far�as Leitzen Concrete Products is concerned,
and by deeding it to,. -;them, the City was able to make a very advantageous deal. A motion was then
made by Morris, second by Stadler, that the said resolution be adopted as read, and all voting in
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favor thereof, President Tingley declared the said resolution duly passed and adopted.
Alderman Wilkus introduced a resolution amending the Comprehensive Resolution establi
ing parking -:and parking meter regulations and provisions.pursuant to Ordinance No. 871, as follows;
Section (2) NO PARKING ZONES, is hereby amended by adding thereto Subsection cr
to read in,.its entirety as follows
"cr. On North Broadway on the east side of the street from 5th Street
Northeast to the north property line of th_e premises known as
.516 North Broadway at all times."
A motion was then made by Wilson, second by Wilkus, that the said resolution be adopted as read,
and all voting in favor thereof, President Tingley declared the said resolution duly passed.and
adopted.
An Ordinance amending an Ordinance entitled, "An ordinance for the purpose of promoting
health, safety, order, convenience and general welfare by regulating the use of land, the location!
size, use and height of buildin
gs ngs on lots, and the density of population within the City of
Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lots 8, 9 and 12,
Block 48 in Morse and Sargent's Addition and the property described as commencing at the N. E.
corner of Lot 12, Block 48, Morse & Sargents Addition to East Rochester, then north 37.5 feet,
thence west 132 feet, thence south 37.5 feet to the N.W. corner of said Lot, thence east 132 feet
to the place of beginning
to the place of begiinning in Lands to the City from'a residential to a commercial zone) was given
its first reading.
An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of promoting)
health, safety, order, convenience and general welfare by regulating the use of land, the location
size, use -and height.of buildings on lots, and the density of population within the City of
Rochester, Minnesota, all in-.accordance`with a comprehensive plan (changing property located in
Lands Section 34-107-14 owned by Clarence Johnson from a residential to an industrial zone) was
given its first reading. `
Alderman Stadler stated that the Public Safety Committee had referred the matter tof
parking meters to the Council as committee of the whole a few weeks ago but so far nothing had
been done; he stated that now that the weather was improving, the traffic bureau reported that
they were getting more and more complaints on faulty and broken meters and suggested that somethi
be ddne as soon as possible. After a short discussion a motion was made by Stadler, second by
Leonard, that the matter of parking meters be placed in the hands of the Public Safety Committee
and Finance, Ways & Means Committee, jointly, to come up'with a recommendation to the entire
Council. All voted in favor of the motion. }
Upon lmbtion by Morris, second by Wilson, the meeting was adjourned at 4:50 o'clock
P. M.`until 7:30 o'clock P. M.' All voted in favor thereof.
President Tingley called the meeting to order at 7:30 o'clock P. M., the following
members being present: President Tingley, Aldermen DeVries, Leonard, Morris, Stadler, Wilkus,
Wilton.
President Tingley stated this as being the time and -place set for a hearing on the
proposed annexation of the following described property: The East one-half (E)�of Lot One (1),
Block Three (3), Golden Hill Addition; Block Five (5), Golden HilL Addition (including that portion`
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OSWALD PUBLISHING CD., NEW ULM, MINN. A3528 .�
of Block Five (5) which has been replatted and designated as "Sattre's Replat of the Sk of Lot 2
and Lots 3, 7, 8, 9, Block 59Golden Hill Addition)"; Blocks 6, 10, 11, 12, 16, 17, 18, 22, 23
and 24, Golden -Hill Addition; and Blocks One (1) and Two (2),.Garden Acres. Mr.Millard Strand
of the Travelure Motel 0200 South Broadway) was present and stated that he was very much in favor
of annexing this property, he said he had helped circulate the petition and they had had a'sewer
problem for many years and for that reason alone he was in hopes that they would be annexed. Mr.
Duane R. Robinson of 101 - 17th Stteet S. E. was also present and urged that the annexation be
approved, he said that he had been hauling water in milk.cans and would like to see a decent
sewer and water system. The recommendation of the Planning and Zoning Commission that this
annexation be approved was also read. After hearing those present a motion was made by Wilson,
second by Stadler, that the hearing be officially closed, the recommendation of the Planning &
Zoning Commission be approved and the City Attorney was instructed to prepare an ordinance
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annexing the said lands. Upon roll call all voted in favor thereof.
Alderman Wilson then introduced an Ordinance annexing to the City of Rochester,
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Minnesota, parts of Golden Hill Addition, Sattre's Replat, and Garden Acres, Olmsted County
Minnesota, which was.given its first reading.
A motion was then made by Morris, second by Stadler, that the rules be suspended and
the ordinance be given its second reading. Upon roll call and President Tingley voting "no" the
motion was lost:. President Tingley said he felt this was more or, less dependent on what happens
to West Zumbro annexation which under court jurisdicition and did not feel finalaction should be
taken until this is settled. R. V..Ehrick,,City Attorney, reported that the problem involved in
West zumbro is the proper definition of owners, the Supreme Court has had this since March 23rd
and although this is not an unusual length of time to render a decision, the Supreme Court is
aware, as far as West Zumbro is concerned, of the urgency and also is aware of the fact that
contracts have been bid and letting of the contracts is held up. He said he recently called the.
Clerk of Supreme Court and asked the Clerk to do whatever she could to expedite this matter. But
the question there is also involved in the petition for annexation of Golden Hill, and recommended
that final action be withheld on Golden Hill until a decision is received from Supreme Court.
Mt.Strand then inquired how long it would take before construction would begin after the
annexation is completed. C. A.Armstrong, City Engineer, said that.heexpected that it would take-
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about three months after he was ordered to prepare plans to start construction. A motion was then
made by Stadler, second by Wilkus, that the City Engineer be ordered to start preparing plans and
specifications for construction of sanitary sewer, water main, etc. in Bolden Hill Addition,
Sattre's Replat and Garden Acres. All voted in favor thereof.
Alderman Leonard introduced a resolution accepting the bid of Palda & Sons, Inc. for
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reconstruction, widening of paving, construction of sidewalk, curb and gutter on llth Avenue S. E.
and N. E. from 4th Street S. E. to 5th Street N. E., which was read. A motion was made by DeVries,
second by Leonard, that the said resolution be adopted as read and all voting in favor thereof,
President Tingley declared the said resolution duly passed and adopted.
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DSWALD PUBLISHING CO., NEW ULM• MINN. A352B
The claims of Stanley M. Morris in the amount of $7.5.00 and James R. Wilson ii the
amount of $37.50 (for mileage) were.each read. A motion was made by Wilson, second by Morris,
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that the claims be approved, and uponroll call DeVries, Morris, Wilkus and Wilson voting "aye"
and Leonard, Stadler and Tingley voting "no", President Tingley declared the motion carried and
the claims approved.
The two following letters from J..D._Chisholm, President of Olmsted County Bank & Trust
Company were read:
April 28, 1961
"Hon.. Alex Smekta, Mayor
City of Rochester
'City Hall
Rochester, Minnesota
Dear Alex:
As you are perhaps aware, our bank is sponsoring a TV program on Station KROC-TV
from 9:30 to 10:00 P. M..each Thursday evening. Last evening I was most.dis-
appointed to find Able Cable brining in KSTP-TV, St. Paul, in preference to our
local station.
It was my understanding at the time the City Council extended a franchise to Able
Cable,` our local station was to be included in their channel coverage. If I am
mistaken in this assumption, I think the entire matter should be reviewed, as this
facility is in the nature of a public utility and certainly our local residents
should not be deprived of community coverage.
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If the local station is to be excluded from Able Cable, this will deprive loci
merchants and independent business from using TV as an advertising media'. The
consequent result would be to seriously impare the financial condition of our
local radio and TV industry, bringing about consequent unemployment and a loss
of trade to our area.
As a community, we also should be concerned with the loss of local news coverage
and various community events now being regularly televised.
I have discussed this matter with a number of our local business men this mom ing
and they are unanimous in their concern for the latitude apparently allowed the
the Able Cable management in the matter of statio_nselection. If necessary, and
the matter is to be aired at open hearing before the Council, I would be pleased
to act as a representative for these local business men in protesting this present
occurrence; and also in recommending to the Council that restrictibe measures be
immediately adopted to prevent a similar reoccurrence.
Sincerely,
/s J. D. Chisholm"
May 1, 1961
"Hon. Alex Smekta, Mayor
City of Rochester
City Hall
Rochester, Minnesota `
Dear Alex:
Since my letter to you of April 28, I have read the news release in the Rochester
Post Bulletin explaining the reason for replacing KROC-TV with KSTP-TV on Abel
Cable. As you perhaps noted, Abel Cable officials explained this is to be a one,
week experiment and at conclusion KROC-TV will be returned to the cable hook-up.
In my opinion, this is no facility to be used for an experiment by an individual
or group. This is a serious infringement of the right of a community to use and
enjoy a local public service facility. When an individual or group can, at any
whim, deprive a large segment of a community of such a public service, it is time for
regulation.
The Abel Cable -officials have demonstrated by this so called experiment an
irresponsibility which demands -regulation and strict control. This 'public be
dammed" attitude is not becoming to Rochester and should not be w lerated.
- A definite agreement should be negotiated to keep our local TV station on all of
its telecast time. This should not be an oral understanding, but a definite part
of the franchise, and these people should be heavily bonded to fulfill such an
agreement.
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When you.stop to consider, these people,..with.the flick of a.wrist, could control
a congressional election in the First District; with the consistent flick of a
wrist at regular intervals, correctly timed, could conceivably destroy a local ,
business, certainly it is time for strict regulation.
The attitude of the officials`of Abel Cable in replacing our local TV station on
the hook-up is analogous to the Rochester Post Bulletin refusing to publish a
newspaper for seven days and instructing the Rochester, residents to buty the
Minneapolis Tribune. It is analogous to the Public Utility Board sayin "let's
turn off the lights in the First Ward for a week and let them try'candle light
for a while", or the.Peoples Natural Gas Company,.telling the community they will
suspend operations for' a week And would -'recommend that they -buy oil or coal.
These people apparently do not realize that they -have an obligation to the
community as well as a franchise to do business. I sincerely hope the Council
will immediately take the necessary regulatory action to prevent any interru-
ption in the future of this vital public service.
Sincerely,
/s J. D. Chisholm, President"
Mr. John Chisholm was present and urged that the Council review this very carefully; he said
business -could not do their advertising on Twin Cities stations because the cost is prohibitive;
he said he felt this was a serious infringement of the right of a community to use and enjoy a
local public service facility and requested that the Council take restrictive measures
imsediately,to prevent a similar reoccurance. Mr. Frank Thompson, one of the owners of Rochester
Video, Inc., was present and stated that -last Thursday night they started a week's test substit-
uting KSTP programs for some of the KROC programs; he said the purpose of the test was to measure
the programming tastes of the subscribers of Abel Cable. ;He said after the week was over they
were going to send questionaires to each of their subscribers, approximately 2300, to further
measure their reaction. He said KROC was not off all the time, they carried the programs on
KROC during the day up until 5:45 P. M. and then they, switched to KSTP. He further stated that
they had switched a few times previously when the picture and sound on KROC was faulty. Mr.
Thompson stated that it was their intention to carry Channel 10, that it was not their intention
to duplicate Channel 10 but there were certain times when they must use an alternate for NBC.
He said he felt they were protection the NBC outlet and it was for the protection of the local
station, because he felt that people might switch to CBS and become interested in that program
instead of NBC.
R. V. Ehrick, City Attorney,.then gave the following statements. I think it is
important that you know the historic background on this issue and also the status of the present
court action in Federal District Court, in which the members of the Council are named as defend-
ants, and as such are now under a restraining order of the Federal District Court. I recall
that the original application for this TV antenna franchise was made by Scheidel and Poire in
the latter part of 1957 or early part of 1958 and proposals were submitted and outlined and
there was lengthy discussion by the committee of the Common Council which at that time was
making recommendations on the issuance of the franchise. Many"of the problems of this franchise
were discussed at length and one of the problems discussed at length was what would be the
effect.on KROC locally and what legitimate interest did the Common Council have asfar as the
people of the City of Rochester were concerned in seeking to maintain a strong and financially
stable local TV station for the benefit of the people of Rochester. The ordinance granting
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Rochester Video, Inc. a franchise for twenty years was adopted by the Common Council on April 21,
1958: In addition to this franchise the problem of the use of the public streets and facilities
of the Public Utility Department and N. W. Bell Telephone Company came into being and the
franchise recites that .the grantee must reach'mutually satisfactory agreements on the use of
poles. Pole agreements were thereafter entered into. Those agreements run for ten years. It
want until the fall of 1958 that it was called to the -attention of the Common Council by
employees of KROC-TV and their attorneys that the franchise ordinance did not require KROC-TV
to be -carried on the cable.
Several meetings followed these objections and culminated in a request by KROC and
attorneys that the ordinance be amended to pr6vide in effect that KROC would be carried. The
matter of amending the ordinance was considered by the Common Council. Thereafter a request was
made by attorneys for KROC-TV that the Common Council memorialize in the records and minutes what
had actually taken place before, what representations had been made to it, and what had been
relied upon by it in granting this franchise and it was at this point hhat KSTP-instituted the
law suit naming the Common Council as defendants. At the present time there are three members
of the Common Council that were named but you other gentlemen represent your predecessors. The
law suit instituted.by KSTP set forth two causes of action, the first alleging a conspiracy
between Southern Minnesota Broadcasting Company (KROC-TV) and the members of the Common Council
to boycott KSTP and exclude them from the cable. The second cause of action alleges that the
Common Council has no authority to regulate the television stations or channels to be carried
on the local cable. A separate answer was interposed by me on behalf -of the members -of the
Common Council and the action is awaiting trail at the present time and may be heard within the
next sixty days. At the time the law suit was started an applicktion was made for a temporary
restraining order. This is a very temporary thing and may last only ten days. This temporary
restraining order was granted. A hearing was held on May 20, 1959. The restraining order was
made a temporary injunction, which is still in affect and the important part of which reads as
follows: "2. Defendants Stanley Morris, Frank Wilkus, Harold Kamm, David Hanlon, J.
Calvin Haas, William P. McGuckin and Albert Tingley, and each of them, are
hereby restrained from
(a) making any change in hhe Rochester Video, Inc. community antenna
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franchiswhich would require Rochester Video, Inc. to boycott
KSTP-TV, or would limit in any way the right of Rochester Video,
Inc. to carry the programs of KSTP-TV on the community antenna
system in the City of Rochester.
(b) Memorializing as part of the council records any alleged undertaking
or agreement of Rochester Video, Inc. not to carry the programs of
KSTP-TV on the community antenna system in the City of Rochester.
(c) Regulating in any manner the programs or stations which may or may
not be carried on said community antenna system."
A motion was then made by Alderman Stadler, second by Alderman Wilkus, that inasmuch as the
Council is not empowered to make a decision at this time and inasmuch as I am sure -Mr. Thompson
has gotten the feeling of this Council on the thing, that the Council's discussion on this matter
be terminated. All voted in favor thereof.
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DSWALD PUBLIBHINO CO., NEW ULM, MINN. A3528
Alderman DeVries moved that the City.Clerk be instructed trot to record any expression
of any member of the Common Council or the substance thereof as.to past events, expressions,
representations or inducements which affected the enactment of the antenna franchise ordinance
in compliance with the temporary injunction of the Federal District Court. Alderman Leonard
seconded the motion and all voting in favor thereof, Presidat Tingley declared the motion carried.
Upon motion by Morris, second by Wilson, the meeting was adjourned until 7:30 o'clock
P. M. on Monday, May 15, 1961. All voted in favor thereof.
Cit Clerk
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